Articles Posted in DUI

The field sobriety test during an investigation by police for driving under the influence of alcohol or drugs (DUI) consists of a few tests administered by the police officer, like the horizontal gaze test, standing on one leg, walking in a straight line and turning around and reciting the alphabet. A police officer often will ask a driver to submit to a field sobriety test if he/she thinks the driver is under the influence of alcohol or drugs.

A typical traffic stop that turns into a DUI investigation might go something like this. A police officer will observe a driver violate a traffic law such as failing to maintain one’s lane, rolling through a stop sign or speeding. The police officer will then pull the driver over, approach the driver and ask a few questions. If the police officer observes what he/she subjectively considers evidence of intoxication, the police officer may ask some questions pertinent to a DUI investigation such as whether or not the driver has been drinking or using drugs and if so, to what extent. The police officer may then ask the driver to submit to a field sobriety test.

A driver in Florida is not required to submit to a field sobriety test. If a driver does submit to a field sobriety test, there is no objective criteria that measures whether or not the driver passes or fails. It is up to the discretion of the police officer. There are several reasons why a completely sober person might fail a field sobriety test depending on his/her age, level of coordination, physical condition, nervousness and many other actors. Anyone who feels like he/she has one of these conditions that would affect the results of a field sobriety test should seriously consider refusing the test. If the driver submits to a field sobriety test and the police officer determines that he/she fails, the officer will testify as to his/her version of what happened during the test and his/her interpretation of the results. Of course, a refusal to submit to a field sobriety test can be used against a driver at a DUI trial, but there may certainly be valid reasons for the refusal completely unrelated to alcohol or drug use.

A Jacksonville (Duval County), Florida woman was recently arrested on charges of DUI (driving under the influence) Manslaughter after causing a car accident that killed her young son. According to the article on www.News4jax.com, the Florida Highway Patrol crash report indicated that Angela Harper lost control of her vehicle, crossed over two lanes of traffic and crashed into the guardrail. Ms. Harper was wearing her seat belt, but the five passengers were not and were all thrown from the vehicle.

After the accident, a blood alcohol test was performed on Ms. Harper. The results showed that her blood alcohol level was 0.11, which is above the legal limit.

In Florida, the crime of DUI Manslaughter is committed when a person operates a vehicle under the influence of alcohol or certain drugs and has his/her normal faculties impaired or has a blood or breath alcohol level of 0.08 or more and as a result causes the death of another. DUI Manslaughter under these circumstances is normally punishable as a second degree felony.

Drunk driving in Jacksonville may now result in a relatively new device being installed in your car to detect your breath alcohol content before your car will start. If you have been arrested and then convicted for driving under the influence (DUI) in Jacksonville or anywhere else in Florida, you may be required to have an Ignition Interlock Device installed in your vehicle. An Ignition Interlock Device will prevent the vehicle from starting if the driver provides a breath sample with an alcohol content over 0.05. The devices are also equipped with retest capability for random testing while the vehicle is running. The results of the device testing is available via web-based reporting 24/7.

After a DUI conviction in Florida, a person may be required to have the Ignition Interlock Device installed if his or her driving privileges are reinstated pursuant to a permanent or restricted license or a limited driver’s license for work/business purposes. The driver’s license will be designated with a “P” restriction indicating that that the Ignition Interlock Device is required.

Those people convicted of DUI in Florida who are eligible to have their driver’s license reinstated but are required to have the Ignition Interlock Device installed must pay for the device. The costs for the device are listed here on the Florida Department of Highway Safety and Motor Vehicles website. If the person is unable to afford the cost of the device, he or she may attempt to have the fine associated with the DUI conviction reduced to help pay for the device.

Scott Weiland, who is is famous to some as the lead singer of the rock group Stone Temple Pilots, was recently sentenced to 192 hours in jail after his second arrest for DUI (driving under the influence of alcohol) in California. According to the police report, Weiland was involved in a one vehicle accident. When the police arrived, they noted that Weiland was showing “signs of impairment” although the police report does not specify what those signs of impairment were. The police report goes on to say that Weiland was given field sobriety tests, which he failed, although the report also does not specify what tests were given and how he failed. Weiland was then taken to jail where he refused the blood or urine tests that were offered by the police.

In Jacksonville, and everywhere else in Florida, Weiland’s DUI conviction (or drunk driving or DWI as the crime is often called) would subject him to, among other penalties, a fine of $500 – $1,000, jail time from 10 days to 9 months, probation of up to one year and a license suspension of 5 years if his second DUI occurred within 5 years of his first DUI conviction. If the second DUI conviction was more than 5 years from his first DUI conviction, the minimum jail time is one day and the license suspension period is 180 days to one year, among other penalties.

Also in Florida, refusing to submit to a blood or urine test as the police report indicates Weiland did subjects the person to an automatic license suspension of one year for a first refusal and 18 months for a second (or more) refusal of a blood or urine test.

Bon Jovi guitarist Richie Sambora was recently arrested for DUI in California. Along with an adult woman, Sambora had his 10 year old daughter and another juvenile in the car with him at the time. According to police, Sambora failed several field sobriety tests. He opted to take a blood test, rather than a breath test. The results have not yet been released. Sambora is potentially facing additional charges relating to driving under the influence with juveniles in the car.

DUI is a charge that often touches the rich and the poor, the bad and the good, and the old and the young. Several celebrities have had their bouts with driving under the influence charges. Lindsey Lohan, Nicole Richie, Paris Hilton, Mel Gibson, Kiefer Sutherland, Mischa Barton and Michelle Rodriguez are just a few of the celebrities that have been arrested for DUI within the last few years.

The Florida legislature continues to crack down on DUIs by enacting progressively tougher legislation with mandatory sentencing requirements that binds the Court’s hands. Mandatory probation periods, fines, classes, driver’s license suspensions and sometimes jail time are just some of the punishments that Florida courts must levy on persons that are convicted of DUI.